An insider's view of what is really happening in the Harris County Criminal Courts

Friday, November 4, 2011

My Prediction for Monday: Delay of Game

Mark Bennett e-mailed me yesterday asking me if the reason I hadn't written anything in a couple of days about the 185th Grand Jury was because I was representing somebody involved.

I told him that I wasn't (and I won't because that would preclude me from writing any more about it), but that there wasn't any news to publish that I was aware of. The 185th Grand Jury (I believe) meets on Mondays and Thursdays. There were rumors afloat yesterday that many of Pat Lykos' "leadership team" had been subpoenaed, but I have no confirmation of that.

Right now, I'm pretty much just waiting to see what happens on Monday in the 185th District Court with the Show Cause hearings. My prediction on what is going to happen is nothing.

Although I've never been held in contempt (believe it or not) and I've never represented a fellow lawyer who was, I spoke with Todd Dupont who has handled contempt matters.
NOTE: Todd was NOT held in contempt (believe it or not).

After talking to Todd, my guess would be that the District Attorney's Office is going to file a Motion to Recuse Judge Susan Brown from hearing the contempt hearing. According to Todd, that's something that any officer of the court (i.e., a lawyer) is entitled to. It's nothing against Judge Brown, and I don't think it will affect the ultimate results of the hearing.

But it will possibly delay them.

And it will absolutely make the District Attorney's Office look like they are hiding something, in my opinion.

The question that will be interesting is are the two court reporters involved in the Show Cause hearing also going to be entitled a different judge. If they aren't, Lykos is going to have a tough decision to make. If the two lawyers accused get a new judge, do they really want to be dealing with two different hearings. I don't know the answer to that question, but I will be interested to see how it shakes out.

Additionally, the rules regarding conflict of interest are coming into play very much at this point. I don't know what the circumstances are behind the District Attorney's Office being in possession of Grand Jury witness testimony, but there is a huge probability that the interests of the court reporters may very much conflict with those of the prosecutors.

Think of the mantra from A Few Good Men: "Who ordered the Code Red?"

If there is a conflict of interest (and I tend to believe there will be), who represents everyone? It would seem to me that if General Counsel John Barnhill (presuming he isn't a witness) is representing them, that his duty would be to protect the Office. The interests of Pat Lykos' offices most definitely could conflict with those of the court reporters.

Having Scott Durfee (also with the General Counsel's Office) doesn't really solve that problem, either -- any more than having two partners in a law firm representing two sides of a lawsuit would be permissible either.

32 comments:

recusal of the judge depends on the nature of the contempt, i.e., direct v. indirect. if hobbs and crew had misbehaved in the judge's presence, she would be a fact witness to the bad behavior and thus unable to preside. indirect contempt occurs outside of court, thus the judge will need witnesses to prove up the bad behavior. indirect contempt will not result in recusal.....and incidentally, if the kids are held in criminal contempt, there's a damn good chance any future prosecution for the bad behavior will be barred by double jeopardy....just sayin'

Hey 2:27, remember that this blog is to let those who don't work within the Harris County Criminal Justice Center have some insight as to what goes on there, although i am not 1:04, I'm guessing they are possibly one of those individuals, so in trying to do my part in standing up against a bully.....watch the name calling!

Murray-There will be one less top level prosecutor employed by Harris Co.on Monday. Judge Lykos knew nothing about what the underling was doing. Several of the young-timers trained by old-timers that worked for Chuck and gang will be leaving soon also. Some of the bad behavior they learned under Chuck has been and is being discovered. Prosecutors need to read the oath they took.Judge Lykos gives offense reports which helps lawyers.gives pre-trial diversion to help 1st offenders.It is better than Chuck where the end justified the means.

Okay 5:25, I didn't intend it as a compliment to Murray, was just keeping in mind what his front page says in The 'about me' paragraph as to why any citizen should bother to read this. I think its a great place for the average citizen to learrn more abouT what goes on inside the CJC. Now if you want to bully Murray, go right ahead, I think he can take it as good as he dishes it out. :)

"Judge Lykos knew nothing about what the underling was doing. Several of the young-timers trained by old-timers that worked for Chuck and gang will be leaving soon also. Some of the bad behavior they learned under Chuck has been and is being discovered"

So is this the position being taken by the Republican party to justify their decision in 2008? If Lykos and the rest of the Leadership Team didn't know what was going on, then they weren't doing their jobs as supervisors. Each of the supervisors brought before the grand jury were hired by or promoted to their posistions BY LYKOS. With the exception of John Jordan, the others were not employed by the DA's office while Chuck was there or were, as RP was, completely insignificant.

I think Todd might be thinking of Govt. Code §21.002(d), which allows a person acting as an attorney for a party at the time of the alleged contempt to have a hearing before a judge other than the one before whom the contempt was allegedly committed.

Filing a motion to recuse may delay proceedings until another judge can hear the motion, but given what's alleged in the show-cause order, I think it highly unlikely that it'll be granted.

And while all the drama at the CJC is going on, where is their "fearless" leader? Why she's at her "ranch" in Brenham relaxing after her long trip from Hawaii. Thanks for being there and standing up for your troups Pat.

ALL the management team must get Lykos approval to do anything. From transfers to doing anything in special prosecution. When you ask a question regarding anything, the response is, waiting on the judge to make the decision. I think the ONLY decisions made without waiting on Lykos would be the decisions by Chow. Seems like you get a quicker response when waiting on something Chow handles.

In the latest issue of the state bar magazine, there's a fluff piece by lykos shill George Flynn. It does a great job plying up pat's part in making the animal crimes section more prominent, while minimizing the work Belinda Hill did before lykos and still does. What a joke.

Help. On the whole contempt thing I fully admit I am confused. Is Judge Brown accusing Carl Hobbs and Steve Morris of having possession of court reporter notes already transcribed and taken from g.j. Witness testimony that was elicited under the guided questioning of one of the two special prosecutors. Or is it testimony taken and transcribed via the G.J. Solo sans prosecutors but before any special prosecutor was appointed? Or is it transcribed G.J. Witness testimony elicited by the regular prosecutors who were present and obviously questioning the witnesses but before any special prosecutor was appointed?

Everything just seemed / seems to moving very fast based solely on what I have read here and in the general media: I mean within a two week period Boom! At the exact moment a witness is heading into the G.J. This veteran forewoman immediately says in effect HALT entrance VERBOTEN! Regular prosecutors WE are now driving this train and no longer need you.

No argument here. Unusual but their right. I guess the way it all happened one would have expected some formal hearing in the 185th with the G.J. Asking for a special prosecutor BEFORE everything seemingly happening procedurally backwards.

Once the "stop" sign wen up unilaterally by madam Forewoman "on the playing field" and Carl urged he still bellowed to enter ..... THEN the forewoman had to make a phone call. The rest is history and now here we are at this - tome anyway - very fast confusing moment.

Sort of like proving intent in our dire - it is done by closely poking at actions. On the one hand one could surmise the G.J. Investigation into the D.A.'s Office began long before the "official" one began. I know all testimony is secret before the GJ as it should be. In this short period of time how many witnesses could the special prosecutors have actually throughly questioned for there to already be a transcript? Which brings me back to my original questions.

I'm confused just typing this'll down and I am seriously asking for help (and I have seen the time line on the other site).

I have known M. Hobbs for a longtime professionally. Worked over there when Holmes was the Captain. Honorable man. But no way he would order a Ct. Reporter to "STAT" transcribe G.J. Testimony taken by a duly appointed special prosecutor. My gut tells me this all involves testimony taken by the G.J. BEFORE special prosecutors were appointed????

Regarding "Joe the Investigator" .. he is probably going into full campaign mode right about now. Investigator Joe only answers to Chow and Pat. Check out the org. chart.

BTW: How does " Do the Write Thing" rate several offices, support staff, materials, phone services etc.. on the 6th floor of the CJC???. Is any other non-profit given the same privileges since we as tax payers foot the bill for their perks ??? just curious....

Afraid 5:19 is correct in one respect: an upper level prosecutor will be fired Monday. Carl's probably the designated fall guy. Sure wish you had retired, Carl. Think she might have the decency to let him retire?

Anon 2:27 FYI: There are several of us civilian types that read this blog simply because we are interested in what goes on behind the scene at the court house. I for one don't always understand what is being discussed. My knowledge of law comes from the para legal classes I took at the local community college. When we show our ignorance by asking questions, please be patient and answer. Don't make us feel like an idiot. The only dumb questions that I know of are the ones not asked. Just saying

About Me

I'm a Criminal Defense Attorney and a former Harris County prosecutor. I've been involved in Criminal Law since I was in college, and I've been practicing in Houston for over 15 years.
Most people never have to come down to the Harris County Criminal Justice Center unless they have jury duty. This blog is meant to give the Outsider an inside view.
These are just my opinions. The opinions of the Commenters are also just their opinions and I don't endorse them. But (within reason), I want everybody to be able to have a forum to say what they want to say.